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Min 03/03/2009 528 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 3, 2009 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Lanham Lyne - Mayor Charles Elmore - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Jim Ginnings - Darron Leiker - City Manager Julia Vasquez - Acting City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Susan Lanford, M. Div., Director, Pastoral Care, United Regional Health Care System, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3 Tim Brewer, Water Distribution, Public Works, was recognized as Employee of the Month for March 2009. Mayor presented Mr. Brewer with a plaque, a check, and restaurant certificates. Mayor welcomed Mr. Don Davis' third grade class from Notre Dame Elementary School. Item 4 No one signed up to speak under public comments regarding items that are not on the City Council agenda. Item 5 Minutes of the February 17, 2009 Council meeting were approved as distributed. 529 Item 6 ' City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Barham that the Consent Agenda be approved. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 6a RESOLUTION NO. 29-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF THREE %-TON PICKUPS AND ONE %-TON CAB & CHASSIS TO WOLF FORD-DODGE IN THE AMOUNT OF $70,065.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6b RESOLUTION NO. 30-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF EIGHT 1/4-TON PICKUPS FROM WOLF FORD-DODGE IN THE AMOUNT OF $94,560.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW, Item 6c RESOLUTION NO. 31-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO 3/4-TON CREW CAB PICKUPS TO WOLF FORD-DODGE IN THE AMOUNT OF $58,672.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items 7a — 7b Minutes of the following boards and commissions were approved. (a) Animal Shelter Advisory Board, August 21, 2008 (b) Animal Shelter Advisory Board, September 25, 2008 Item 8a ORDINANCE NO. 17-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE 10-2009, REPLACING A POLLING LOCATION AND ELECTION OFFICIALS FOR THE MAY 9, 2009 GENERAL SPECIAL MUNICIPAL ELECTION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Ordinance No. 17-2009 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 530 Item 8b A proposed ordinance was submitted amending ordinance 16-2009, in order that additional proposed amendments to the City Charter be submitted to the voters. Moved by Councilor Roberts-Burns that proposed ordinance be passed. Motion seconded by Councilor Elmore. Acting City Attorney informed that a super majority was needed to place propositions on the ballot. Mayor explained that the proposed Proposition 3 regarding term limits was primarily a housekeeping issue. The Charter states that a person cannot serve more than three successive terms or six years. The question has arisen since the Mayor served one year to fill an unexpired term, is it three consecutive terms and six years or three consecutive terms period. In his case that would be three consecutive terms plus the unfinished term. It is just a clarification to clean up the language so it is not ambiguous. Council consensus was to approve this. Proposition 4 was discussed. Councilor Ginnings reminded that this is not a vote to adopt this only to place it on the ballot. James Frank 2105 Hiawatha, is in the manufacturing business, spoke in favor of Proposition 4 and asked that Council allow this to go to the voters. Michael Barnhart, 2008 Berkeley, has several businesses here, spoke in favor of Proposition 4 and also asked Council to allow the voters to vote on Proposition 4. Dr. Floyd Thornton, 4401 Cedar Elm, spoke in favor of Proposition 4, and asked Council to reconsider and decide to vote on amending Section 39 of the City Charter. A lengthy discussion ensued as to whether or not to allow the voters to vote on Proposition 4. Councilors gave their reasons and opinions regarding this issue. Acting City Attorney clarified the information on the proposed amended ordinance that she passed out to Council. At the last meeting Council voted to place two propositions on the ballot, one was on the plurality issue and the other was on the city clerk position. The wording on the plurality proposition included verbiage relating to the runoff, which should have been removed, so we have printed all 5 propositions for clarity and without the runoff language in the plurality proposition. Section 21a of the Charter refers to runoff tie breaking and needs to be eliminated if plurality is voted back in. Proposition 5 will address the removal of Section 21 a of the Charter. City Manager reminded Council that this will require a super majority or five person majority since it would affect the Charter. Motion failed by the following vote. Ayes: Mayor Lyne, Councilors, Hatcher, Ginnings and Elmore Nays: Councilors Barham, Smith, and Roberts-Burns City Council recessed at 9:30 a.m. Mayor stated that after the recess Council would go into Executive Session. 531 Item 11 City Council went into Executive Session as authorized by Section 551.074 of the Texas Government Code at 9:50 a.m. City Council reconvened at 10:12 a.m. Item 9c was moved up and considered at this time. Item 9c RESOLUTION NO. 34-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE RENTAL OF THE MOBILE STAGE AT A REDUCED RATE TO THE FOUNDERS LIONS CLUB FOR USE DURING THEIR TEXAS OKLAHOMA FAIR SEPTEMBER 16-19, 2009 AT THE MPEC. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 34-2009 be passed. Motion seconded by Councilor Barham. Benny Daniel, Chair of the Texas-Oklahoma Fair, expressed appreciation for the use of the stage last year as well as what Council will hopefully do this year. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8c ORDINANCE NO. 18-2009 ORDINANCE MAKING AN APPROPRIATION IN THE AMOUNT OF $16,000 FROM THE TEXAS HISTORICAL COMMISSION AND A MATCH OF $3,750 FROM THE GENERAL FUND AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT CONTRACT WITH THE TEXAS HISTORICAL COMMISSION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No. 18-2009 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8d ORDINANCE NO. 19-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR HIV PREVENTION SERVICES IN THE AMOUNT 532 Item 8d continued OF $116,000 RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Ordinance No. 19-2009 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8e ORDINANCE NO. 20-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR TUBERCULOSIS CONTROL RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $8,370 FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Ordinance No. 20-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8f ORDINANCE NO. 21-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 14, ANIMALS, OF THE WICHITA FALLS CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Ordinance No 21-2009 be passed. Motion seconded by Councilor Hatcher. Terry Russell, 5411 Starwood, Miss Fannies Feline Friends, asked Council to reconsider the permit fee, so that it would be per organization, and the property owner permission, so that it would be collected every three years Moved by Councilor Smith to amend the proposed ordinance by replacing Section 14-209 (a) with the Board of Health recommendation. Section 14-209(a) would read as follows: "(a) No permit shall be issued for a cat colony location until the prospective feral cat caregiver presents to the Director written permission for a registered cat colony to be located at the prospective cat colony location, signed by every owner of neighboring land to the property where the cat colony will be located. New written permission from every owner of neighboring land must be collected every three years or at change of ownership of property." Motion seconded by Councilor Elmore and carried by the following vote. 533 Item 8f continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Elmore Nays: Councilor Ginnings Councilor Ginnings suggested that the following wording be added to the end of Section 14-209 (a)" ...unless no complaints have been registered." Mayor asked that it not be amended today but that we ask the Health Director and the committee to look into that issue as well as the notification if we cannot find the property owner or if they will not respond, and bring back language on these two items. He felt it was important that we pass this ordinance today. Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9a RESOLUTION NO. 32-2009 RESOLUTION AMENDING FEES FOR THE ANIMAL CONTROL PROGRAM IN THE WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 32-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9b RESOLUTION NO. 33-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SECORD AND LEBOW ARCHITECTS, L.L.P. FOR THE DESIGN AND CONSTRUCTION OVERSIGHT OF THE CITY OF WICHTIA FALLS ANIMAL SERVICE CENTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 33-2009 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 534 Item 9m was moved up and considered at this time Item 9m RESOLUTION NO. 44-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF EIGHT HYBRID SEDANS FROM PATTERSON AUTO CENTER IN THE AMOUNT OF $176,000.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 44-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9n was moved up and considered at this time. Item 9n RESOLUTION NO. 45-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE 1/2-TON EXTENDED CAB PICKUP TO PATTERSON AUTO CENTER IN THE AMOUNT OF $20,386.08; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 45-2009 be passed by awarding the bid to Patterson Auto Center. Motion seconded by Councilor Smith. Councilor Hatcher stated that he would recuse himself from voting on this item because Mr. Garner is his Campaign Treasurer. Mr. Steve Garner, Patterson's representative asked that he be awarded the bid; they meet the 5% threshold and have written documentation on the taxes they paid and the number of employees. He handed that information to the City Clerk. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings and Elmore Nays: None Abstentions: Councilor Hatcher City Council recessed at 11:30 a.m. and reconvened at 11:45 a.m. Item 9h was moved up and considered at this time. 535 Item 9h , RESOLUTION NO. 39--2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF INTENT BETWEEN AMERESCO, INC. AND THE CITY OF WICHITA FALLS FOR THE DEVELOPMENT OF LANDFILL GAS AT THE CITY OWNED LANDFILL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 39-2009 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9d RESOLUTION NO. 35-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING RESOLUTION NO. 2509, AS AMENDED, WHICH ADOPTED THE RATE SCHEDULE FOR SALES IN PUBLIC PARKS, TO EXCLUDE LOCAL NON-PROFIT ORGANIZATIONS FROM SUCH RATE SCHEDULE UNDER CERTAIN CONDITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 35-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: Mayor Lyne Item 9e RESOLUTION NO. 36-2009 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY VIEW INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION ON MAY 9, 2009; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 36-2009 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 536 Item 9f RESOLUTION NO. 37-2009 RESOLUTION AUTHORIZING AN INCREASE OF THE ANNUAL LEASE AMOUNT ON THIRTY-TWO (32) LAKE ARROWHEAD LEASES WITH REVIEW DATES IN 2009 FROM SIX HUNDRED DOLLARS ($600.00) TO SIX HUNDRED NINETY DOLLARS ($690.00) FOR AN ADDITIONAL PERIOD OF FIVE YEARS WITH THE NEXT REVIEW DATES IN 2014; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 37-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9g RESOLUTION NO. 38-2009 RESOLUTION AUTHORIZING A FIVE PERCENT (15%) INCREASE OF THE ANNUAL LEASE AMOUNT ON 174 LAKE KICKAPOO LEASES WITH REVIEW DATES IN 2009 FOR AN ADDITIONAL PERIOD OF FIVE YEARS WITH THE NEXT REVIEW DATES IN 2014. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Ginnings that Resolution No. 38-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9i RESOLUTION NO. 40-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE LAKE ARROWHEAD OUTFALL MODIFICATIONS PROJECT CWF09-550-05; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 40-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 537 Item 96 ' RESOLUTION NO. 41-2009 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER TO THE AGREEMENT WITH URS CORPORATION FOR CONSTRUCTION QUALITY ACCEPTANCE TESTING AND RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES IN CONJUNCTION WITH THE A-4 CONNECTOR, TAXIWAY "A" LIGHTING AND SECURITY FENCING PROJECTS AT KICKAPOO DOWNTOWN AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 41-2009 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9k RESOLUTION NO. 42-2009 RESOLUTION APPROVING ENGINEERING SERVICES CONTRACT TO URS CORPORATION FOR THE DESIGN AND ENGINEERING ACTIVITIES ASSOCIATED WITH RUNWAY 17/35 REHABILIATION AT WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 42-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 91 RESOLUTION NO. 43-2009 RESOLUTION APPROVING RESIDENT PROJECT REPRESENTATIVE (RPR) AND ACCEPTANCE TESTING SERVICES CONTRACT TO URS CORPORATION IN CONJUNCTION WITH THE T-HANGAR CONSTRUCTION PROJECT AT KICKAPOO DOWNTOWN AIRPORT.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 43-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 538 ' 'Item 10a Public Works Director Russell Schreiber gave an update on the drought situation in the City. He informed that the drought had reached Level 1 of the Drought Contingency Plan, which is the watch stage. The lake level was at 60% on Monday. He asked the citizens to be smart in water usage and he informed that a public announcement has been prepared and will go out today. Councilor Barham stated that the current restrictions are not being enforced and asked at what point does that enforcement step up. Mr. Schreiber stated that the time is now. City Manager stated that it will be discussed with staff and warnings will be issued. He suggested that everyone check their automatic water sprinklers and turn them off and water manually. Item 10b Councilor Smith informed that the Wichita Falls Museum of Art at Midwestern State University is also a member of the Museum Consortium. Councilor Smith informed that April 4 the Curtis Jenny will be in an air show demonstration, as well as other visiting planes. This event will take place at 11 a.m. and the tickets are $40; the Branding Iron will be catering. He encouraged everyone to attend. Councilor Smith thanked the Sheppard 82"d Training Wing for their civilian and military awards banquet held at MPEC. It was a great event and everyone enjoyed having it at MPEC; they said they will return again next year. Councilor Ginnings said that he was saddened by the newspaper article regarding Kelly Crush, the fire fighter with Lou Gehrig's disease. Our prayers are with him. Councilor Ginnings gave his time to Police Chief Bachman so that he can address the Firing Range Project. Chief Bachman informed that there is a great need to have a new firing range; there is a lot of vital training we cannot do in the current range. The new range will provide a severally needed place to do joint training. He stated that one half of the expense is for safety to the users and to the neighborhood where it is located as well as the citizens. $2.5 million is for security and $4.5 million is for the range. Councilor Hatcher referred to the golf course that just closed stating that he is sick about it too but he wants to tell those folks that think the City had something to do with that, that it is not true. I have not heard one person who works at the City say anything to the effect that now we can make all the golf money. That is not the case and I can say that because I have not heard one word about it and I am in those meetings and rooms where people think this was talked about; it did not happen. I want to put that situation behind us and I am not going to talk about that anymore. Councilor Hatcher invited everyone to attend the Mayor's town hall meeting March 10 at Fowler Elementary at 7 p.m. Councilor Hatcher asked that everyone pray for rain. Councilor Barham toured the Fire and Police Museum and stated that they have done a yeoman's job; it will open up to the public soon. Take advantage of that opportunity when it is advertised. Councilor Barham echoed Councilor Hatcher's comments on the golf course; it is getting old. We need to get it behind us. Councilor Elmore referred to the Hawk Ridge property and stated that he does not want to lose that open space. He wants the City to pursue acquisition of that property and that it remain as a a municipal golf course if possible, or a park. It is a great location. If we need area for development for residences we have wonderful pieces of property north and west of Loop 11 and all through that area. 539 Item 10b continued ' Councilor Elmore stated that he has had people tell him that when Hawk Ridge closes their golf game will be over because they cannot afford to go anywhere else. It is a difficult situation all around. He agreed with Councilor Hatcher that it was not done to them by the City. They wound up in a situation with the grass they had that required potable water rather than ditch water, but It was not just the water that caused it. Councilor Elmore informed that he had talked to the Police Chief about some of the problems they have had with the old cars. Councilor Elmore asked that we pray for rain; conserve water. Councilor Roberts-Burns asked that staff look into the structure at the rear of 306 Elwood; it needs to be torn down. Councilor Roberts-Burns asked that we pray for rain because we need it very bad. Mayor Lyne stated that we have spent a great deal of time with the Project Vision 20-20, and have begun to move forward with the Downtown Development Plan and economic development ideas. We can turn negative pretty quickly, but we have so many great things going on here and we have a cross section of our community involved in those things and that is because we are working to have everyone involved to move forward on some things. The City, despite what people might think, does not encourage or discourage the creation of business; that is not our job. Our job is to supply resources, water, infrastructure, and advice on construction and Code. All those things that go into building a city and making sure we are being responsive to the customers and the customers are the taxpayers. Sometimes that is a good thing and we have people who are really excited and they pat us on the back, but sometimes people have a complaint because they think they were mistreated. We do not involve ourselves in retail business; we do not involve ourselves in any other type of business; our business is running the City and providing you the taxpayers and ourselves as taxpayers with services that cities provide. We have a very good City and extremely good employees who are very reactive to the needs of the citizens. For instance, we received a letter from a lady who lives down by Lucy Park congratulating and thanking the Sanitation Department because the fellow who drives that route is a great guy, very friendly, helpful, and considerate. That is the type of people we have, not only staffed people in our City but throughout our City. I owned a sports team here one time and people blamed a lot of things for that failure but the failure was that people did not buy enough tickets. We have a hockey team here that struggles with that and we have a lot of other things that struggle with that. We had two great events two weekends ago, the George Lopez event sold out and it was fabulous, and the other one was pretty close to sold out. We have great events throughout the City; you just have to pick up the new Visitors Guide, there is something going on every day. Golf courses are expensive. That piece of property out there known as "The Rock" has never made money. We had some entrepreneurs take it on and it was a great project. They poured their hearts and their dollars into it and I appreciate that effort but it is a business and sometimes businesses fail. That is unfortunate and I do not ever want to see a business fail. It did not fail because of Weeks Park and did not fail because of anything else; it failed because there were not enough people playing golf. That is why it went from its various iterations, Skyline, LaVista. We are in the business of creating an environment where people can succeed in business; we do not guarantee success; that is not our job. It irritates me when I see negative letters to the editor that are pushing something that is not accurate, and frankly there are good deals to be had at Weeks Park. It was not designed to be an economy golf course; it is a very playable golf course for any golfer because there are multiple tee boxes. We have 540 'Item 10b continued a lot of economy golf courses in this community and in this area and we are proud to tell people to go to Burkburnett, go to Henrietta, and go to Archer City. They are good places and they are part of us. We provided something uniquely different and better; it is not for everybody and not everybody will want to play it. When we bring tournaments in here they want to come back, the old Weeks Park they didn't. That is the bottom line. We are providing resources for our community to grow tourism wise, Convention &Visitors Bureau wise and something for our citizens as a whole. Hopefully we can use that property but real-estate comes down to highest and best use. If they are willing to work with us and we want to create something of it we can do something. But ultimately those investors who invested out there are probably not going to give it to us. There will be some negotiation process. It is a beautiful piece of property but not a very good golf course. We have a lot of reasons to be proud of our City. Like today, we had a lot of discussion on items that were very passionately felt but once we are done with that we move forward. That is the beauty of this Council and this City management; it is unique right now because we can discuss the hard issues and disagree and be okay. We should be very proud of that. Look at other cities; we are not the norm, we are the exception because we are an exceptional City and the City is made up of the people and that is why we are exceptional. Councilor Elmore mentioned that a class was held at the Training Center on vehicular burglaries and another class will take place in the near future. He encouraged everyone to attend because the information they provided was wonderful and very beneficial. It was a great class. City Council adjourned at 1:05 p.m. PASSED AND APPROVED this _J��day of 2009. IMIAYOR_�o ATTEST: ydia Ozuna� ity Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, March 3, 2009 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: Susan Lanford, M.Div., Director, Pastoral Care, United Regional Health Care System. (b) Pledge Of Allegiance 3. Presentation: Employee Of The Month — Tim Brewer, Water Distribution, Public Works 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of February 17, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing Award Of Bid For The Purchase Of Three %-Ton Pickups And One %-Ton Cab & Chassis To Wolf Ford- Dodge In The Amount Of $70,065.00 (Council Bill # 47) (b) Resolution Authorizing Award Of Bid For The Purchase Of Eight (8) %-Ton Pickups To Wolf Ford-Dodge In The Amount Of $94,560.00 (Council Bill # 48) City Council Agenda Tuesday, March 3, 2009 Page 2 (c) Resolution Authorizing Award Of Bid For The Purchase Of Two %-Ton Crew Cab Pickups To Wolf Ford-Dodge In The Amount Of $58,672.00 (Council Bill # 49) 7. Receive Minutes (a) Animal Shelter Advisory Board, August 21 , 2008 (b) Animal Shelter Advisory Board, September 25, 2009 REGULAR AGENDA 8. Ordinances (a) Ordinance Amending Ordinance 10-2009 For the Purpose of Replacing Polling Location and Election Officials for the May 9, 2009 General Special Municipal Election (Council Bill # 50) (b) Ordinance Amending Ordinance 16-2009 Authorizing A General-Special Municipal Election, In Order That Additional Proposed Amendments To The City Charter Be Submitted To The Voters During Said Election (Council Bill # 51) (c) Ordinance Making An Appropriation In The Amount Of $16,000 For A Grant From The Texas Historical Commission And A Match Of $3,750 From The General Fund (Council Bill # 52) (d) Ordinance Making An Appropriation To The Special Revenue Fund For HIV Prevention Services In The Amount Of $116,000. Received From The Department Of State Health Services (Council Bill # 53) (e) Ordinance Making An Appropriation To The Special Revenue Fund For Tuberculosis Control Received From The Department Of State Health Services In The Amount Of $8,370 (Council Bill # 54) (f) Ordinance Amending In Its Entirety Chapter 14, Animals, Of The Wichita Falls Code Of Ordinances (Council Bill # 55 9. Resolutions (a) Resolution Amending Fees For The Animal Control Program In The Wichita Falls-Wichita County Public Health District (Council Bill # 56) (b) Resolution Authorizing The City Manager To Execute An Agreement With Secord and Lebow Architects, LLP For The City Council Agenda Tuesday, March 3, 2009 Page 3 Design And Construction Oversight Of The Animal Services Center (Council Bill # 57) (c) Resolution Approving The Rental Of The Mobile Stage At A Reduced Rate To The Founders Lions Club For Use During Their Texas Oklahoma Fair September 16-19, 2009 At The MPEC (Council Bill # 58) (d) Resolution Amending Resolution No. 2509, As Amended, Which Adopted A Rate Schedule For Sales In Public Parks, To Exclude Local Non-Profit Organizations From Such Rate Schedule Under Certain Conditions (Council Bill # 59) (e) Resolution Authorizing the City Manager to Execute an Agreement with the City View Independent School District to conduct a Joint Election on May 9, 2009 (Council Bill # 60) (f) Resolution Authorizing An Increase Of The Annual Lease Amount On Thirty-Two (32) Lake Arrowhead Leases With Review Dates In 2009 For An Additional Period Of Five Years (Council Bill # 61) (g) Resolution Authorizing An Increase Of The Annual Lease Amount On 174 Lake Kickapoo Leases With Review Dates In 2009 For An Additional Period Of Five Years (Council Bill # 62) (h) Resolution Authorizing The City Manager To Execute A Letter Of Intent Between Ameresco Incorporated And The City Of Wichita Falls For The Development Of Landfill Gas At The Landfill (Council Bill # 63) (i) Resolution To Award Bid And Contract For The Lake Arrowhead Outfall Modifications Project (Council Bill # 64) (j) Resolution Authorizing The City Manager To Execute A Supplemental Work Order With URS Corporation For Construction Quality Acceptance Testing And Resident Project Representative (RPR) Services At Kickapoo Downtown Airport (Council Bill # 65) (k) Resolution Approving An Engineering Services Contract To URS Corporation For The Design and Engineering Activities Associated With Runway 17/35 Rehabilitation At Wichita Falls Municipal Airport (Council Bill # 66) (1) Resolution Approving Resident Project Representative (RPR) and Acceptance Testing Services Contract To URS Corporation In Conjunction With The T-Hangar Construction Project at Kickapoo Downtown Airport (Council Bill # 67) City Council Agenda Tuesday, March 3, 2009 Page 4 (m) Resolution Authorizing Award Of Bid For The Purchase Of Eight (8) Honda Civic Hybrid Sedans To Patterson Auto Center In The Amount Of $176,000.00 (Council Bill # 68) (n) Resolution Authorizing Award Of Bid For The Purchase Of One '/-Ton Extended Cab Pickup To Pruitt Ford In The Amount Of $20,167.82, Or To Patterson Auto Center In The Amount of $20,386.08 (Council Bill # 69) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Executive Session For Deliberation Regarding The Appointment Of City Attorney As Authorized By Section 551.074 Of The Texas Government Code 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2009 at o'clock (a.m.)(p.m.). City Clerk